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Craig Titus & Kelly Ryan Investigation » Blog Archive » ARGUMENT AND DECISION: CONFLICT COUNSEL (TITUS & RYAN)

ARGUMENT AND DECISION: CONFLICT COUNSEL (TITUS & RYAN)

APPEARANCES CONTINUED: Michael Cristalli, Esq., present.
INSIDE THE PRESENCE OF ALL COUNSEL AND DEFTS. TITUS AND RYAN:
Court noted we are here on the issue of whether dual representation of both defts. by attorneys Cristalli and Saggese will be permitted. Mr. Denue stated he is still the attorney of record and would like to file motions but hasn’t previously because of the pending issue. Deft. Ryan’s Motion to Sever and Motion to Disqualify FILED IN OPEN COURT. Court noted it will deal with the threshold issue of dual representation first and advised that since the last date, the State has provided their Opposition and the defense filed a Supplemental. FURTHER NOTED, previous to the instant hearing, Mr. Terry reported to the Court reference his discussions with deft. Ryan and as a result of same, indicated there was no meaningful dialogue and it appeared deft. Ryan had already made up her mind. The Court is in possession of the jail visitation records from 12/19/06 forward for deft. Ryan and reviewed same on the record. Mr. Daskas lodged a copy of the visitation records from September 2006 forward with the Court. Upon the Court’s inquiry on whether or not Mr. Denue gave Mr. Saggese and/or Mr. Cristalli permission to speak with deft. Ryan, Mr. Denue stated he is not sure whether he needs to give them permission; however, he did advise deft. Ryan not to speak with them and when he was presented with the Joint Defense Agreement, he refused to sign it. Statements by Mr. Cristalli regarding history of how he was asked to represent deft. Ryan and his visitations with her. Response by Mr. Denue. COURT ORDERED, Joint Defense Agreement dated 2/22/07 and letter dated 2/22/07 from Cristalli & Saggese regarding Affiliated Representation marked as Court’s exhibits to this hearing. Arguments by counsel regarding issue of dual representation. Upon the Court’s inquiry, deft. Ryan stated she will WAIVE ANY POTENTIAL CONFLICT. Court noted it has reviewed the Rules of Professional Conduct, the Wheat case, all of the papers and pleadings on file herein and heard the arguments of counsel and FINDS there is an ACTUAL CONFLICT and ORDERED, MR. CRISTALLI WILL NOT BE ALLOWED TO REPRESENT DEFT. RYAN. FURTHER, it troubles this Court that when an independent attorney was sent in to discuss the issue with deft. Ryan, who is facing a potential life sentence, there was absolutely no meaningful dialogue. IN ADDITION, the Court wants no delay in regards to the pending trial; therefore, if this matter is going to be taken up to the Supreme Court, counsel are DIRECTED to take it up immediately. Mr. Denue’s motion OFF CALENDAR and will be heard at the appropriate time. State to prepare the Order. FURTHER, matter CONTINUED for status check reference issue on appeal.

3/27/07 8:30 AM STATUS CHECK: ISSUE ON APPEAL (TITUS & RYAN)

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